Acórdão nº 073752 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1986
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 17 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA DIR FAM PAG400.
Área Temática: DIR CIV - DIR FAM. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1781 ART1782 N2 ART1783. CPC67 ART137 ART241 ART257 ART630 N1 ART651 N1 C N2 ART656.
Legislação Estrangeira: CCIV BELGICA ART229 ART231.
Sumário : I - Sempre que foi designado dia para julgamento se tentou notificar todas as testemunhas oferecidas pela Autora, não o tendo sido apenas porque não foram encontradas, tendo diligenciado o Sr. Oficial faze-lo, estando cumprido o disposto no artigo 257 do Codigo de Processo Civil, não sendo de dar satisfação ao disposto no seu artigo 241, por não se verificar o condicionalismo ai referido, pelo que não se cometeu nenhuma nulidade. II - E tambem se não cometeu qualquer nulidade quando se não adiou de novo o julgamento por falta de testemunhas não convocadas, quando o artigo 651, n. 1, b) do Codigo de Processo Civil so permite o adiamento por falta de testemunha convocada, tendo ate ja sido adiado por falta de testemunhas convocadas, pelo que não podia ser de novo adiado por falta de...
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